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A Resolution Granting Satview Broadband Ltd

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SANTA FE COUNTY RESOLUTION NO. 2014 #- . A RESOLUTION GRANTING SATVIEW BROADBAND LTD. A CERTIFICATE AND ACCEPTANCE OF A CABLE FRANCHISE TO OPERATE A CABLE SYSTEM WITlllN THE NORTHERN PART OF SANTA FE COUNTY AND APPROVING THE TRANSFER OF A CABLE TELEVISION FRANCHISE FROM BAJA BROADBAND TO SATVIEW BROADBAND LTD. WHEREAS, the Board of County Commissioners of Santa Fe County ("BCC") has jurisdiction over Cable Systems pursuant to Title 47, Chapter 5, Subchapter V-A, Part III of the U.S. Code, NMSA 1978, Sections 62-1-3 and 4-37-1 and Santa Fe County Ordinance No. 2000- 6 (superseding Ordinance No. 1993-8 and 1982-5); WHEREAS, Title 47, Chapter 5, Subchapter V-A, Part III of the U.S. Code, and Santa Fe County Ordinance No. 2000-6 allow the BCC to award a cable franchise and require payment ofa franchise fee; WHEREAS, pursuant to Ordinance No. 2000-6 and in order to provide cable television service within the County of Santa Fe, the BCC must issue a Certificate and Acceptance of Franchise to a requestihg cable company after a public hearing, provided that all requirements of said Ordinance are met and the company agrees to abide by all reasonable terms and conditions that are imposed by the BCC; WHEREAS, Satview Broadband Ltd. (hereinafter "Satview") desires to obtain a Franchise to operate a television cable system serving the Northern part of Santa Fe County, as designated more specifically on the map attached hereto as Exhibit "A"; WHEREAS, Baja Broadband ("Baja") previously owned and operated the cable television system serving the northern portion of Santa Fe County, New Mexico, which includes Espanola, La Pueble, Chimayo and the Arroyo Seco; WHEREAS, Pursuant to Ordinance No. 1982-5 and the County Land Development Code, the BCC granted a permit to operate and maintain a cable television system to Southwest Cable Corporation, Inc. (DP- 84-1501); WHEREAS, the permit to Southwest Cable was duly transferred by Southwest Cable Corporation, Inc. to Espanola Cablevision, Inc. on or about February 28, 1986, then transferred by the BCC to Mark Twain Cablevision, Inc on or about March, 14, 1988 in Resolution 1988-30 and then the BCC approved a transfer and granted a Certificate and Acceptance of Franchise to U.S. Cable on or about March 16, 1999 as set forth in Resolution 1999-16; WHEREAS, by Resolution No. 2012-21 the BCC approved the transfer of the franchise from US Cable to Baja; WHEREAS, Baja has transferred its cable ownership and permit interest to operate the cable system in question to Satview; WHEREAS, in accordance with Ordinance No. 2000-6, Baja and Satview have submitted an application with the necessary documentation requesting approval of the transfer of interests from .Baja to Satview and a Certificate and Acceptance of Franchise from the BCC to Satview; WHEREAS, the application for transfer represents and certifies that Satview is financially and technically capable of delivering the services contemplated; WHEREAS, Pursuant to Ordinance No. 2000-6 Satview is required to apply for and receive a separate Certificate and Acceptance of Franchise from the BCC; WHEREAS, Santa Fe County conducted a public hearing on this request to approve the transfer of interests and to grant Satview a franchise; and WHEREAS, the BCC has evaluated the matter and determined that all requirements of Ordinance 2000-6 have been met and Satview has the technical and financial ability to operate a cable system in parts of northern New Mexico. NOW THEREFORE, BE IT RESOLVED, that the transfer from Baja to Satview is approved and that Satview is granted a Certificate and Acceptance of Franchise subject to the following terms and conditions: 1) The franchise area is defined by the attached maps, designated as Exhibit "A" and incorporated herein by reference. · 2) The expiration of this franchise shall be ten (10) years from the effective date, which shall be the date this Resolution is filed with the County Clerk. 3) Satview shall comply with all terms and conditions set forth in Ordinance No. 2000-6, as amended or replaced, and other applicable laws and County ordinances. 4) Satview shall pay a franchise fee of 5% of its annual gross revenue derived from its operations within the franchise area. Payment shall be made quarterly to the County of Santa Fe and within sixty (60) days following the close of each calendar quarter in accordance with Ordinance No. 2000-6. PASSED,APPROVEDandADOPTEDtbisf"t_'fiDAY0~4. BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM: /SteJ)hellC:ROSSta Fe CoufuYAttomey BCC RESOLUTIONS COUNTY OF SANTA FE PAGES: 4 STATE OF NEW MEXICO SS I Hereby Certify That This Instrument Was Filed for Record On The 15TH Day Of January, 2014 at 09:20:59 AM And Wos Duly Recorded as Instrument ~ 1727676 Of The Records Of Santa Fe County And Seal Of Office Salazar' Fe, NM Espanola Santa Fe County '> _ e1 Llano 87 34 -=-= ;!! I;.~ - t_l:r"''~s - 91 ekh-c - 95 - ,.Los Pachecos r~ ·~ l... n -- ,_.. "' 93 -98 _;;:' '""';-584 ..,-·--. 101 I J I >- - -=- \\El Guacho ,[email protected]"Que.J)r ~ "-:....t..:. -..., ,._._ ~Chima ,,. 84 Rio - :'l> ~-:l Chiquito ·•\ - Q:' -~. ..:_ ~oed i6 ~\ e.\.'b\6-.... .-\-,, 688 ~.§ 'C .Santa Cruz "ouarteles 88G Rancho vane• ..i... 880 98A - ..,.. 30 88A _: 106 92 .. ,.Guachupangue 369 ' s'om~n11o 99 68 raaI'sr 581 ' .. .,..., a ... 16 ... ~ 10 . ....... 86 Santa Cruz. Lake ....,....... ~~ ~ r~-. , 91 ~ §> I ~.s · Recreation Area 7 ~ ~ ,,..,.> ~ ~ '6' 91A -- . L. · 104 -9. l 399 ! ·~r~ ­ Santa Clara India!'! Reservation Ci~~d~~6 ,,s. ~Rd , ;?Rd - 503 11 within santa Fe Counf ':;ca MesHla --,_ I EsfFO!a I 114 1149"' 122 503 126 123 San Ildefonso Po)oaquc lndlan Indian \\ l Reservation Reservation 'I 113 Nambe Indian Reservation ti Omi 2 3 4 C:O,,yngllt Cl and {P) 1983-2009 Microsoft COIP0'11fl0r1 and/0t its suopl1ers All rights reserved http·/lwww.mocroselt wm/slreetsl Cetlaon mappin!J and d'rectK>n data Cl 2009 NAVTEO All nghts reset\<ed . The Dale '°' areas of Canada includes infonnalK>n taken wilh permission from C1nadian authonties, ondudinQ . Cl lier Matasty the Queen on Righi d Canada." 0..-.'5 Pmtor f0t All Ontano NAVTEO and NAVTEO ON BOARD are trademall<s ol """-vn::fl-f .~T~t6fi ~erica..bi.,A.!!..r.9!?ft_l'!§..e~Jele{!~~llllS North America are trademall<s of Tele Atlas. Inc. 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